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Nmap Author Receives FBI Subpoenas

spafbnerf writes "Fyodor, author of the open-source network scanning tool Nmap, posted a story to the nmap-hackers list about having received a number of subpoenas from the FBI this year, demanding webserver log data, none of which produced anything, either because they sought old information that had already been deleted from his logs, or because the subpoenas were improperly served. In every case the request was narrowly crafted, usually directed at finding out who visited the site in a very short window of time, such as a five minute period. Fyodor writes: "If they see that an attacker ran the command "wget http://download.insecure.org/nmap/dist/nmap-3.77.t gz" from a compromised host, they assume that she might have obtained that URL by visiting the Nmap download page from her home computer"." Update: 11/25 20:21 GMT by T : Reader kv9 adds a link to Kevin Poulson's story at SecurityFocus.

34 of 390 comments (clear)

  1. Seems reasonable by Anonymous Coward · · Score: 5, Insightful

    That seems like a legitimate investigative technique. They're probably trying to match up different pieces of evidence to find the person behind things.

    1. Re:Seems reasonable by RonnyJ · · Score: 5, Insightful
      That seems like a legitimate investigative technique.

      Yes, though the main concern of mine is that he says the FBI were using subpoenas that were improperly served - how many people wouldn't bother checking, and just give up information straightaway?

    2. Re:Seems reasonable by Gordonjcp · · Score: 4, Insightful
      Well, the suggestion is that they are trying to find out who downloaded the source onto a compromised machine. So - someone has cracked root on an unknown machine, visits insecure.org with the browser on their own machine, pastes the URL for the tarball into the shell on the compromised machine, and makes nmap. What it sounds like they are looking for is the IP address of the browser used to get the URL for the source.


      Personally I don't see the problem with this. They are not just sniffing around looking for "suspicious" things, they know what they are looking for and where it's likely to be. This is not randomly searching people on the street, this is going directly to the CCTV tapes.

    3. Re:Seems reasonable by kimmo · · Score: 4, Insightful

      Doh!

      Okay, now they only have to check the server does have it's clock in sync, otherwise those 5 minute clips of logs won't be very useful.. :)

    4. Re:Seems reasonable by Cylix · · Score: 4, Interesting

      Actually, if enough people manage to read this then it won't ever be a problem again....

      Honestly, if you really wanted to make this work and just get left alone by the FBI and the kiddies...

      Download links could be generated at request with a unique identifier embedded.

      Thusly, if someone generates a dynamic link and pastes that into their term for wget... bam... you have an identifiable link with both addresses.

      just make sure everything is logged quite properly.

      It would certain ease the issue of tracking.

      --
      "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
    5. Re:Seems reasonable by KarmaPolice · · Score: 4, Funny

      Well, the suggestion is that they are trying to find out who downloaded the source onto a compromised machine. So - someone has cracked root on an unknown machine, visits insecure.org with the browser on their own machine, pastes the URL for the tarball into the shell on the compromised machine, and makes nmap. What it sounds like they are looking for is the IP address of the browser used to get the URL for the source.

      Well, now they can visit slashdot instead...

    6. Re:Seems reasonable by Zapman · · Score: 4, Interesting

      Out of curriosity, how does one verify that a subpoena is served properly? I assume that you read such very carefully, and call it a day.

      --
      Zapman
    7. Re:Seems reasonable by Frizzle+Fry · · Score: 4, Insightful

      You ask a good lawyer to look at for you. Even if you read it "very carefully", you aren't an expert on what is required for it be to proper (I assume, based on the fact that you are asking this question), so you might draw the wrong conclusions.

      --
      I'd rather be lucky than good.
  2. Trinity used Nmap....look where it got her. by Anonymous Coward · · Score: 4, Funny

    Up shit creek sans paddle.

    1. Re:Trinity used Nmap....look where it got her. by JamieF · · Score: 5, Funny

      Yeah but for a while she had a boyfriend who could morph himself, move super fast... putting any sex toy or porn star to shame. Not a bad deal.

  3. if the server goes down... by Anonymous Coward · · Score: 5, Informative

    the text is here

    Dear Nmap hackers,

    Let me first wish you Americans a happy Thanksgiving. Meanwhile, I'm
    hard at work on a holiday Nmap version which should be available by
    Christmas.

    But enough pleasantries -- I want to discuss a sobering topic. With
    increasing regularity this year, FBI agents from all over the country
    have contacted me demanding webserver log data from Insecure.Org.
    They don't give me reasons, but they generally seem to be
    investigating a specific attacker who they think may have visited the
    Nmap page at a certain time. If they see that an attacker ran the
    command "wget http://download.insecure.org/nmap/dist/nmap-3.77.t gz"
    from a compromised host, they assume that she might have obtained that
    URL by visiting the Nmap download page from her home computer. So
    far, I have never given them anything. In some cases, they asked too
    late and data had already been purged through our data retention
    policy. In other cases, they failed to serve the subpoena properly.
    Sometimes they try asking without a subpoena and give up when I demand
    one.

    One can argue whether helping the FBI is good or bad. Remember that
    they might be going after spammers, cyber-extortionists, DDOS kiddies,
    etc. In this, I wish them the best. Nmap was designed to help
    security -- the criminals and spammers put my work to shame! But the
    desirability of helping the FBI is immaterial -- I may be forced by
    law to comply with legal, properly served subpoenas. At the same
    time, I'll try to fight anything too broad (like if they ask for
    weblogs for a whole month). Protecting your privacy is important to
    me, but Nmap users should be savvy enough to know that all of your
    network activity leave traces. I'm not the only one who gets these
    subpoenas -- large ISPs and webmail providers receive them daily.
    Most other major security sites probably do too. Most of you probably
    don't care if someone finds out that you downloaded Nmap, Nessus,
    Hping2, John the Ripper, etc. Nothing on Insecure.Org is illegal.
    But for those of you who do care, there are plenty of mechanisms
    available to preserve your anonymity. Remember this security mantra:
    defense in depth.

    Cheers,
    Fyodor

    1. Re:if the server goes down... by ralphus · · Score: 4, Insightful

      One major point to pay attention to here is that if you have a data retention policy that is written that says for example, "I don't keep logs older than 1 hour" and you follow it, you can't respond to subpoenas for any data that falls outside your retention period.

      --
      Revolutions are never about freedom or justice. They're about who's going to be top dog. -- Kilgore Trout
    2. Re:if the server goes down... by nomadic · · Score: 4, Insightful

      Way to go, FBI! [/sarcasm] I can't imagine many acts more calculated to alienate infosec geeks from the FBI in particular, and the US govt / law enforcement forces in general

      Why? What's wrong with a narrowly tailored subpoena in regards to a specific, discrete illegal act?

      This is exactly what everyone here's been asking for for years. Some of you obviously won't be happy until the FBI refrains from prosecuting every single computer-based crime.

  4. Seems valid by Staplerh · · Score: 5, Insightful

    Even the Nmap Author seems to agree that it could help in the fight against these undesirable script kiddies, etc. However, I think it is great that this author has brought this to public attention, and will hopefully increase oversight of these cyber-investigations.

    Of course, we do need law enforcement and this is a legitimate field to investigate so that we can have protected web commerce. With eyes on their activities, we can hopefully keep the Internet free and safe. Thoughts?

    --
    "There's no success like failure, and failure's no success at all."
    - Bob Dylan
    1. Re:Seems valid by gvc · · Score: 4, Informative

      From the Oxford English Dictionary:

      oversight ('&schwa.Uv&schwa.rsaIt), sb. [OVER- 7, 5.] The action of overseeing
      or overlooking.
      1 a Supervision, superintendence, inspection; charge, care, management,
      control.

    2. Re:Seems valid by Chundra · · Score: 4, Insightful

      Hopefully the internet will continue to be unsafe, filthy, and represent all that is wrong with our species as a whole. It makes things more interesting and certainly more entertaining. Thoughts?

    3. Re:Seems valid by kfg · · Score: 4, Funny

      Perhaps neglecting the fact that if a word has multiple meanings the existence of one meaning does not negate the proper use of another meaning is an oversight on your part?

      Your use of language might need some oversight.

      KFG

    4. Re:Seems valid by Doomdark · · Score: 4, Funny
      In polite society you censor the bad,

      I think you misspelled "police"?

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
  5. FBI spies by Anonymous Coward · · Score: 5, Interesting

    Do you know that Google searches are subpoenable?

    So Googling your victim, for example, before committing the crime is not very smart.

    Unless of course you can randomly change your ip
    in a pretty large range of course, heh heh.

    1. Re:FBI spies by MikeFM · · Score: 5, Interesting

      Smart hackers never hack from an IP traceable to them anyway. That's why unprotected WiFi points are so useful. There is no way in heaven or hell to trace the connection back to the source. Of course there are lots of places you can jack in for a unlogged wired connection too. It's just to easy to keep from being traced.

      Fortunately most hackers are dumb and lazy so they aren't that hard to trace.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  6. Bad joke... by gowen · · Score: 5, Funny

    No wonder he's reticent about providing information.
    Fyodors are supposed to remain closed at all times.

    (Sorry)

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  7. Valid investigation techniques? by Dogun · · Score: 4, Insightful

    Seriously, that is the dumbest thing I ever heard.

    Nmap is popular as hell - unless they already have a suspect, this isn't going to be useful for them, all it will do is give them a scapegoat 9 times out of 10 - lets say they do get Fyodor's webserver log - which I doubt he'll be keeping in the future, assuming he does now - all that would give them is the IP addresses of a few dozen nmap users - one or two of which may be script kiddies of some sort.

    And if they can verify that a script kiddy A downloaded nmap in their window of interest, what are they going to do? Assume they're responsible for the wrong crime and charge him or her. It's stupid and its a witchhunt and it's a shot in the dark.

    Of course, if the FBI has already got a suspect, they might be able to strengthen their case, but that's still pretty circumstantial evidence. Not exactly a smoking gun.

    Just my $0.02US

    1. Re:Valid investigation techniques? by Restil · · Score: 4, Insightful

      In any large investigation, law enforcement typically questions hundreds of people, some of whom may be suspects, some potential witnesses, and some who are just shots in the dark. Yes, having 50 different ip addresses, only one of which MIGHT be a potential suspect might seem like a long shot, but if the IP address they're looking for IS in there, they might be able to match it up with other evidence. Considering the fact that Fyodor has yet to actually submit requested logs to an agent, in spite of numerous requests, means that this IS a long shot, a time consuming one to aquire, with a very short lifespan, and likely not really worth the effort to aquire. But it's still a legitimate source of evidence, and if it shuts down a spammer or script kiddy, I'm not going to fault them for trying.

      -Restil

      --
      Play with my webcams and lights here
    2. Re:Valid investigation techniques? by nomadic · · Score: 5, Insightful

      Since when are fishing expeditions effective?

      Ask anyone who's ever caught a fish.

      Seriously, if they don't have any concrete leads, what are they supposed to do? Just stop investigating?

  8. Re:New Christmas Version ... ? by Anonymous Coward · · Score: 5, Funny

    Making a list,
    Scanning it twice.
    The FBI knows,
    Who's naughty or nice...

  9. 'She'... in related news.. by pented_rage · · Score: 5, Funny

    The FBI has tracked down a perpetrated hacker after a slip-of-tongue by Fyodor in a recent nmap-hackers list posting, relating a female hacker using wget command to get nmap. After searching the homes of the 3 females known by Fyodor, they have identified and captured the assailant.

  10. Re:She?! by SWroclawski · · Score: 4, Insightful

    I think this is purposeful, and, frankly, smart.

    The assumption here is that the person the FBI is looking for is breaking the law, and is cracking boxes and other unsavory things.

    Why do we assume that the person is a he?
    It is possible that it's a she.

    People seem to be more sympathetic to women, and so I'd think this would be a good way to combat the steriotype of male "hackers".

  11. A *real* webmaster by mobiGeek · · Score: 4, Funny
    Only real webmasters get subpoenaed by the FBI. If you haven't been subpoenaed lately, take a good hard look at your website...it has become meanlingless.

    :-)

    --

    ...Beware the IDEs of Microsoft...

  12. Re:Reasonable by Pete+(big-pete) · · Score: 4, Insightful

    SorcererX (818515)
    Well, I'm pretty sure that if a person downloaded nmap to a compromised host that person most likely visited the nmap website some time.

    kfg (145172)
    Why?

    The easiest way of getting the exact url to download is to check it directly on the site yourself. Even if the link was found from elsewhere on the net, the person doing the download would have probably checked that the link was valid in advance.

    The key word here is "most" - sure if someone is really really really careful to cover every track they could possibly leave, then maybe they won't have directly visited the site. Most people would have done though. Of course the difficult part is determining when.

    -- Pete.

  13. Fyodor is lucky... by nusratt · · Score: 4, Insightful

    ...that it wasn't a Patriot Act subpoena:
    he could be prosecuted merely for revealing that he'd RECEIVED it, even AFTER it became defunct.
    Welcome to John Ashcroft's post-Constitution USA.

    (and why in God's name has he continued preserving logs, after having received even ONE approach from the government?!)

  14. Re:About wireless by MikeFM · · Score: 4, Informative

    I'm all for public access points but I do think that you should know what you're getting yourself into when you run a public AP. Most businesses especially should make sure they are covered.

    A little off topic of the FBI but related to public APs.. Something I like to do is run a public AP that doesn't have access to the Internet. It just acts as something of a localized BBS system. Anyone within reach can message each other, trade files, participate in the forums, or check out the wiki. It's not hard to make it so that someone connecting will get you're entrace page anytime they try to connect to something other than your system. With a decent antenea you can reach a fairly large group of people in a crowded metro area. An interesting way to meet your neighbors.

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  15. Re:She?! by value_added · · Score: 4, Interesting

    From the "One of the Slashdot Posts Worth Saving" Department:

    * --All right, I'm only going to say this once: 'He' is the singular indefinite pronoun in English ("if a person drinks too much, he will likely experience a hangover"). 'He' also happens to be the masculine personal pronoun.

    'She' is the singular pronoun of personification in English ("if England fails to advance America's foreign-policy ambitions, she will suffer terrible consequences"). 'She' also happens to be the feminine personal pronoun.

    Confusing the two exhibits not a warm-and-fuzzy concern for the inclusion of women so much as a writer's or speaker's ignorance. Using the feminine personal pronoun as an indefinite article is as moronic as using the masculine personal pronoun for personification. Thus the captain greets us: "Welcome to my ship. Isn't he splendid?"

    Give it up, people. It's not thoughtful; it's just illiterate. ®

  16. Re:She?! by dvdeug · · Score: 4, Insightful

    'He' is the singular indefinite pronoun in English [...] 'He' also happens to be the masculine personal pronoun.

    You say that as if it just "happened". It's also not true; if you wrote "when a nurse comes, she will start by ...", no one would blink.

    'She' is the singular pronoun of personification in English

    Ships are usually she. That doesn't mean it's the only pronoun of personification; if you wish to personify an object as male, it's entirely correct.

    Confusing the two exhibits not a warm-and-fuzzy concern for the inclusion of women so much as a writer's or speaker's ignorance.

    A speaker's ignorance for what, some grammarian's rigid idea of what English should be? It's clear, whatever English was a hundred years ago or even 20 years ago, that using she is appropriate in today's English.

    This overbearing post about some rigid rules of someone's conception of what English's rules should be is worth trashing, not saving.

  17. Re:my 2 cents by bani · · Score: 4, Insightful

    If law enforcement doesnt want the public to get away with violating the law, then law enforcement shouldnt be suprised if the public requires law enforcement to follow the law as well. Thus law enforcement can get a subpoena or search warrant, or they can go pound sand.

    No hypocrisy in that.